Prince v. I. & G. N. R'y Co.
Texas Supreme Court
Appeal from Hayes. Tried below before the Hon. H. Teichmuller. Suit by appellant to recover damages for personal injuries sustained through the alleged negligence of appellee while appellant was being transported by appellee as a passenger upon its railroad.
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Appeal from Hayes. Tried below before the Hon. H. Teichmuller. Suit by appellant to recover damages for personal injuries sustained through the alleged negligence of appellee while appellant was being transported by appellee as a passenger upon its railroad. The petition alleged in effect that through the negligence of the employees of the company, plaintiff sustained injuries while riding on a hand-car on which he was invited to ride, and on which he was received as a passenger, and that the company sometimes used said hand-car for the transportation of passengers invited to travel on it by…
1Opinion of the Court
Willie, Chief Justice.
In sustaining the special demurrer to the petition, the court below in effect held, that as the railroad company did not commonly transport passengers upon hand-cars, and the appellant was injured whilst being transported gratuitously, at the invitation of the company’s agents, upon one of these cars, he could not recover though the injury happened through the negligence of the company’s employees in charge of the car.
The duty of a railroad company to transport passengers safely, and its consequent liability for a breach of this duty, arising from the negligence of its…
2Cases cited5 opinions
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Houston & Texas Central Railway Co. v. MooreTexas Supreme Court · 1878
- Ohio & Mississippi Railroad v. MuhlingIllinois Supreme Court · 1861
3Cited by25 opinions
- Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
- Davidson v. Pittsburg, C. C. & St. L. Ry. Co.West Virginia Supreme Court · 1895
- Peabody v. O. R. & N. Co.Oregon Supreme Court · 1891
- McVeety v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1891
- Purple v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1902
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